ELECTRONIC COMMERCE ACT
OF 2000
Republic Act No. 8792 (2000)
WHAT ARE THE REASONS FOR
ENACTING THE E-COMMERCE ACT?
Information technology and communications play a vital role in
nation building and economic development. The enactment of the
E-Commerce Act modernized consumer transactions.
The law aims to facilitate domestic and international dealings,
transactions, arrangements, agreements, contracts and exchanges
through the use of electronic, optical and similar medium. Mode,
instrumentality and technology to recognize the authenticity and
reliability of electronic documents.
The law also aims to promote the universal use of electronic
transactions by the government and the general public.
WHAT IS AN ELECTRONIC DATA MESSAGE?
An electronic data message refers to information generated,
sent, received or stored by electronic, optical or similar
means.
WHAT IS AN ELECTRONIC DOCUMENT?
An electronic document refers to information or the
representation of information, data, figures, symbols or
other modes of written expression, described or however
represented, by which a right is established or an obligation
extinguished, or by which a fact may be proven and
affirmed, which is received, recorded, transmitted, stored,
processed, retrieved or produced electronically.
For evidentiary purposes (in order to prove something),
these two are functionally equivalent:
Electronic Document = Written Document
WHAT IS AN ELECTRONIC SIGNATURE?
An electronic signature refers to any distinctive mark,
characteristic and or sound in electronic form, representing
the identity of a person and attached to or logically associated
with the electronic data message or electronic document or
any other methodology or procedure adopted by a person
with the intention of authenticating or approving an electronic
data message or electronic document.
WHAT IS AN EPHEMERAL
ELECTRONIC COMMUNICATION?
Ephemeral electronic communication refers to telephone
conversations, text messages, chatroom sessions, streaming audio
and other forms of communication the evidence of which IS NOT
RECORDED OR RETAINED.
EXAMPLE OF AN
ELECTRONIC DATA MESSAGES?
Sylvia offered to sell her Birkin Bag to Amy for P85,000. Sylvia sent photos
of the bag to Amy via email. Sylvia also sent Amy via FB Messenger a
photo of the receipt when the bag was purchased in Paris in2019.
Amy sent Sylvia a text message which said, “Ang ganda Sis! Kunin ko na
for P85,000. Please bring the bag to my office on Tuesday, September 22.
Thanks.”
When Sylvia delivered the bag to Amy on September 22 Amy refused to
pay for the bag saying there was no meeting of the minds of the two
parties since her consent was through text only and not a formal
document.
Amy is WRONG. Consent can be given through an electronic data
message. Sylvia van file a case for specific performance against Amy.
EXAMPLE OF A COMMERCIAL TRANSACTION
THROUGH ELECTRONIC DATA MESSAGES?
Greg instructed his wife Aurora to withdraw P10,000 from his BPI Savings
Account using his ATM card.
After a few days Greg went to the BPI branch where his savings account
was opened and demanded that the P10,000 withdrawn from his account
be returned to him because when he did not authorize his wife to
withdraw money from the ATM. Greg claims the withdrawal was illegal
because there was no deposit slip with his signature that was submitted.
Greg is WRONG. When Greg obtained his ATM card, he agreed to the
Terms and Conditions that nay withdrawal using the card is valid,
regardless of the person who makes the withdrawal because each card
has a PIN known only to the account holder.
What if Greg’s ATM card is stolen?
